1303 - Additional Category 1 slot machine license requirements.

     § 1303.  Additional Category 1 slot machine license                requirements.        (a)  Eligibility.--In addition to the criteria prescribed in     section 1302 (relating to Category 1 slot machine license), an     applicant for a Category 1 slot machine license shall be     eligible for a license to place and operate slot machines at a     licensed facility only if the applicant meets one of the     following criteria:            (1)  the licensed racing entity or its predecessor owner        of the licensed racetrack has conducted live horse races for        not less than two years immediately preceding the effective        date of this part; or            (2)  the licensed racing entity has not previously        conducted live racing at a racetrack but will conduct live        racing for a minimum of 150 days to begin in the year which        begins two years following the issuance of its slot machine        license for the racetrack unless the appropriate commission        determines, upon application, that it is not practically        feasible for the licensed racing entity to conduct live        racing for a minimum of 150 days due to projected or actual        weather conditions. Failure to meet the required minimum        number of days will result in immediate suspension of the        slot machine license.        (b)  Required racing days.--Except as provided in subsection     (a)(2), a Category 1 slot machine licensee must conduct live     racing at the racetrack for at least 100 days per calendar year     for each license held by the licensed racing entity pursuant to     the Race Horse Industry Reform Act, and the aggregate number of     live racing days at the racetrack where the Category 1 slot     machine licensee conducts live racing shall not be less than 95%     of the total number of horse or harness racing days that were     scheduled in 1986 at that racetrack. If a racing day is canceled     for reasons beyond the control of the licensed racing entity,     the appropriate commission shall grant the licensee the right to     conduct that racing day in the same or next ensuing calendar     year. The purse for that racing day shall not be used for the     purse of other scheduled racing days of that calendar year and     must be used for the purse of such rescheduled day.        (c)  Limitations.--The issuance of a Category 1 slot machine     license shall entitle the licensee to operate slot machines only     within the grounds of a licensed racetrack.        (d)  Authorization.--Authorization for a Category 1 slot     machine licensee to continue the operation of slot machines     shall be limited to those licensees that:            (1)  Have a written live racing agreement with a        horsemen's organization representing a majority of owners and        trainers at the racetrack where the licensed racing entity        conducts live racing.            (2)  Have 95% of the total number of horse or harness        racing days that were scheduled in 1986 by it or its        predecessor at the racetrack where the Category 1 slot        machine licensee conducts live racing, and the aggregate        number of live racing days at the racetrack where the        Category 1 slot machine licensee conducts live racing shall        not be less than 95% of the total number of horse or harness        racing days that were scheduled in 1986 at that racetrack. A        new licensee which opens a new racetrack and which will        successfully conduct live racing for a minimum of 150 days to        begin no later than in the year which begins two years        following the issuance of its slot machine license for the        racetrack, unless the appropriate commission determines upon        application that it is not practically feasible for the        licensed racing entity to conduct live racing for a minimum        of 150 days due to projected or actual weather conditions,        shall be allowed to operate slot machines, from the date its        slot machine license is issued and intrastate and interstate        simulcast in accordance with the Race Horse Industry Reform        Act, from the first day of the calendar year in which it        conducts live racing days.            (3)  Unless the horsemen's organization representing a        majority of the owners and trainers consents to a lower        number of required racing days at the racetrack, subject to        actions or activities beyond the control of the licensee,        conduct not fewer than eight live races per race date during        each meet at the racetrack where the licensed racing entity        conducts live racing, except for thoroughbred tracks on the        day designated as a Breeder's Cup event day when the licensed        racing entity shall hold a minimum of five live races. The        Category 1 slot machine licensee shall not waive or modify        the provisions pertaining to the required number of racing        days under paragraph (2) and races per day scheduled in this        paragraph without the consent of the horsemen's organization        representing a majority of owners and trainers at the        racetrack.            (4)  Notwithstanding the provisions of paragraph (1), in        the event that a written live racing agreement has not been        entered into, permission for any licensee to operate slot        machines at racetracks shall be granted provided that the        Category 1 slot machine licensee has continued to conduct        live racing in accordance with paragraphs (2) and (3) and        keeps its racetrack open to the general population of owners,        trainers and horses stabled there for training and stabling        on a regular basis, when it is normally open for live racing        and during such periods, and continues to comply with all        provisions of the most recently expired live racing        agreement, including recognition of the then existing        horsemen's organization at each such racetrack as the sole        representative of the horsemen at that time, and pays purses        as defined in the most recently expired live racing agreement        plus the applicable purse revenue distributed to licensed        racing entities from the operation of slot machines under        this part. Nothing in this part shall exempt an existing or        future licensed racetrack from the requirements of the Race        Horse Industry Reform Act requiring a licensed corporation to        have a written and unexpired live racing agreement with the        horsemen's organization representing a majority of owners and        trainers at the racetrack where the licensed corporation        conducts or will conduct live racing dates in order to        continue or commence any form of simulcasting.            (5)  Notwithstanding any other provision of the law to        the contrary, account wagers authorized pursuant to section        218(b) of the Race Horse Industry Reform Act shall only be        accepted by a licensed corporation in accordance with the        provisions of the Race Horse Industry Reform Act, and no        entity that is not a licensed corporation under that act        shall accept an account wager from any person within this        Commonwealth.        Cross References.  Section 1303 is referred to in sections     1302, 1330 of this title.